The local government system in Tuvalu
country profile
Tuvalu
Key Facts
POPULATION (2014 estimate)1: 11,206
AREA2: 26 sq km
CAPITAL: Funafuti
CURRENCY: Australian dollar (AUD), Tuvaluan dollar (TVD)
HEAD OF STATE: HM Queen Elizabeth II
GOVERNOR-GENERAL: Iakoba Italeli
HEAD OF GOVERNMENT: Prime Minister Enele Sopoaga
FORM OF GOVERNMENT: constitutional monarchy
PARLIAMENTARY SYSTEM: unicameral
STATE STRUCTURE: unitary
LANGUAGES: Tuvaluan (official), English
NATIONAL ELECTIONS: LAST: March 2015 turnout: na next: 2019
LOCAL ELECTIONS: LAST: August 2011 turnout: na next: July 2015
WOMEN COUNCILLORS:3 4.2%
LOCAL GOVERNMENT EXPENDITURE as a percentage
of total government expenditure 2013/14: na
SUMMARY
Tuvalu is a constitutional monarchy with two
spheres of government: central and local. The
legal basis for Tuvalu local government is the
Falekaupule Act 1997 and there is only one
level, which is the kaupule (island council). The
Department of Rural Development within the
Ministry of Home Affairs (MHA) is responsible for
local government. A quarterly assembly is held
by each kaupule where the annual budget and
development plans prepared by the island council
are assessed by the people. The common services
that all island councils provide include land
transport, lagoon travelling services, mechanical
and joinery maintenance services, provision and
maintenance of roads and public facilities such
as meeting halls, recreation facilities (playing
fields, multi-purpose courts), transport facilities,
beach ramps and land title records. Services
provided by national government in partnership
with the island councils include health, education,
agriculture and fisheries.
1. CENTRAL GOVERNMENT
Tuvalu is a constitutional monarchy and the head of
state is HM Queen Elizabeth II, who is represented
in Tuvalu by a governor-general. A constitutional
referendum was held on 30 April 2008, with a
turnout of approximately 22% of the electorate, which
returned a result almost 2:1 in favour of remaining
a constitutional monarchy rather than becoming
a republic. Parliament is vested with law-making
powers and is composed of 15 members (MPs), two
from each of the eight electoral constituencies, with
the exception of Nukulaelae, which returns just one.
Both the speaker, who oversees the administration
and management of parliamentary affairs, and the
prime minister, who heads the executive, are elected
by MPs from amongst themselves.
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There are eight cabinet ministers, all of whom
are appointed by the governor-general on the
advice of the prime minister. The cabinet is
collectively responsible to parliament for the
discharge of the executive functions of the state.
There are no political parties, although the
members who do not side with the executive are
often called the opposition.
2. LEGAL BASIS FOR
LOCAL GOVERNMENT
2.1 Constitutional provisions
There is no constitutional provision4a for local
government.
2.2 Main legislative texts
The legal basis for Tuvalu local government
is the Falekaupule Act 19974b, which came
into force in 1999. The Act, also known as
the Local Government Act, empowers the
implementation of a national strategy that
envisions the development of the outer islands
through the devolution and decentralisation of
governmental functions to local government.
When Tuvalu became independent, it inherited
a local government system created under British
colonial rule, governed by the Local Government
Ordinance 1966. This piece of legislation, as
amended, provided the legal framework for
local governance in the period between 1978
and 1999, when it was repealed. Further
amendments to the Falekaupule Act 1997 were
made in March 2013.
2.3 Proposed legislative changes
No current legislative changes are proposed.
3. STRUCTURE OF LOCAL GOVERNMENT
3.1 Local government within the state
Local government in Tuvalu has only one level,
which is a kaupule (island council) for each
of the eight main inhabited islands. The ninth
island, Niulakita, is under the administration of
Niutao Kaupule. With this exception, each island
council’s jurisdiction is limited to the island itself.
3.2 Ministerial oversight
The ministry responsible for Tuvalu local
government is the Ministry of Home Affairs
(MHA), and its portfolio includes the Department
of Rural Development, which covers local
government. The MHA’s roles are: overseeing
the activities of each department in its portfolio
in order to achieve national goals and objectives
set out in the National Strategy for Sustainable
Development (‘Te Kakeega II’); and reviewing
any policy the Department of Rural Development
wishes to implement before such policy is
submitted to cabinet for legislation.
3.3 Council types
3.3.1 Kaupule (island councils): Each kaupule
has six members elected for a maximum of two
four-year terms. The pule o kaupule (council
president) is indirectly elected by a simple majority
from among the councillors, and appoints a
tokolua pule o kaupule (deputy council president)
from among the council members. The council
can appoint as many committees as it feels it
needs, and must include standing committees
for health, agriculture and fisheries, education,
communication, transportation and infrastructure,
and budget and appropriations. Committees can
make decisions by a simple majority and report
their decision back to the kaupule.
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country profile
Table 1. Distribution of councils and population
Island
KaupulePopulation1
Island council
2012 Census
Nanumea
1
556
Nanumaga
1
481
Niutao
1
606
Nui
1
541
Vaitupu
1
1,565
Nukufetau
1
540
Funafuti
1
6,194
Nukulaelae
1
324
Niulakita
-
30
TOTAL
8
10,080
Source: 2012 Census preliminary report1
3.4 Traditional leadership
Each island has a traditional assembly of elders
called a falekaupule or ‘te sina o fenua’ (literally,
‘grey-hairs of the land’), and the Falekaupule
Act 1997 brings together the traditional
responsibilities of the falekaupule with the
elected kaupule.
4. ELECTIONS
4.1 Recent local elections
The last local elections were held in August 2011
and the next were due in July 2015.
4.2 Voting system
There are no political parties. Voters make their
choice based on the individual candidates. The
voting system used is the single non-transferable
vote and the first-past-the-post system and there
is universal suffrage at age 18 and over.
4.3 Elected representatives
No information is available on elected
representatives.
4.4 Women’s representation3
In the kaupule 4.2% of councillors (2 out of
48) are women and none (0 out of 8) are
chairpersons. There is one woman councillor in
each of Nukufetau Kaupule and Niutao Kaupule.
5. SYSTEMS FOR
COMMUNITY INVOLVEMENT
5.1 Legal requirement
The mechanism for the involvement and
participation of citizens in local governance is
the falekaupule assembly, which is held quarterly
for each island. At present however there are
no guidelines to actually facilitate and carry out
these assemblies. During the March assembly
each year, the budget and development plans
prepared by the island council are assessed by
the community and approved by the falekaupule.
At the same time, the island council reports
on the progress and finances of current
development projects.
5.2 Implementation
Another avenue for community participation,
including that of minority groups, is representation
on the various established standing committees
for major sectors such as health, education and
development. These committees are made up
of representatives of various community-based
organisations, non-governmental organisations
and private sector organisations. The committees
have been established to provide technical advice
to the kaupule.
5.3 E-government
There is no e-government strategy in place.
Table 2a. Income and expenditure for Niutao 2013/14
Income
AU$
Expenditure
Centre–local transfers
Administration
grants 45,845
staff
other 53,734
property
other
Locally raised revenue Services
taxes
4,921
water
licences
66,295
road maintenance fees
falekaupule costs
TOTAL INCOME
170,195
TOTAL EXPENDITURE
Source: Department of Rural Development communication with CLGF
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03. CLGF EDIT PAGES 3.indd 201
% rural
2014
100
100
100
100
100
100
100
100
100
100
AU$
158,841
704
na
na
na
6,400
165,945
6. ORGANISED LOCAL GOVERNMENT
There is currently no representative organisation
for local government.
7. INTERGOVERNMENTAL RELATIONS
As the executive arm of the falekaupule, the
kaupule carries out all the functions and powers
conferred by the Falekaupule Act 1997. The
national government, through the Minister for
Home Affairs, exercises general supervision
over local governments to ensure that their
actions are within the scope of their prescribed
powers and functions and that statutory services
for constituents are adequately delivered. In
the exercise of this authority, the Act makes
provision for consultations, either regular or
as deemed necessary, between the minister
and the falekaupule. National authorities are
mandated to cooperate with local government
according to their respective responsibilities, as
follows:
• the attorney general on the review of by-laws
to determine whether such are in accord
with national laws and policies
• the auditor general on the audit of kaupules’
accounts to ensure the safety and rational
allocation of local funds
• the Ministry of Finance and Economic
Planning, through local budget reviews
undertaken by its planning and budget
division, in consultation with the Ministry of
Home Affairs and Rural Development, on
local taxation and allied concerns
• the Aid Coordination Division of the Ministry
of Finance and Economic Planning, in
consultation with each kaupule, through the
Ministry of Home Affairs provides technical
assistance on local planning, project
development and management of external
programme funding and assistance.
Other agencies engaged in specific functions
and programmes of work on the islands will also
coordinate and provide technical advice to the
falekaupule and kaupule on matters relating to
their work within the area of the falekaupule.
This can include assisting with the improvement
of governance and developing the capacities of
local authorities and their staff.
8. MONITORING SYSTEMS
The existing monitoring mechanisms to
scrutinise local government comprise the
auditing processes required by the Falekaupule
Act 1997, and the Public Accounts Committee,
which reports to parliament. The Minster of
Home Affairs exercises supervisory authority over
local government directly through the issuance
of orders, guidelines, notices, regulations or
directives to ensure that the provisions of the Act
and other existing statutes and policies relating
to councils’ duties and functions are properly
implemented, and that basic services are
adequately and efficiently delivered.
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9. FINANCE, STAFFING AND
RESOURCES
9.1 Locally raised revenue
Various user rates, licences and other taxes such
as a head tax and land tax are imposed and
collected by kaupules.
A kaupule, with the approval of the falekaupule
obtained in the falekaupule assembly, may
by resolution make and levy for each financial
year general rates based on one or more of the
following systems:
• a rate, to be referred to as the community
development tax, at a uniform or graduated
amount per capita on all residents of the
falekaupule area or those above the age of
18 years
• a rate, to be referred to as the property tax, at
a uniform amount per dollar on the assessed
value of immovable property situated within
the falekaupule area
• a rate, to be referred to as the possessions
tax, on the assessed value of the possessions
or any category of possessions of residents in
the falekaupule area.
In addition, a kaupule may, subject to the
approval of the Minister of Home Affairs and to
any existing regulations of the Falekaupule Act,
and with the approval of the falekaupule, make
and levy other types of rates.
9.2 Transfers
The level of national government transfers to
island councils is determined on the advice of the
Minister of Home Affairs. Of the total annual grant,
63% is conditional and 37% unconditional. There
are three types of annual grants: block grant,
tied grant and Falekaupule Act grant, the latter of
which is ring-fenced to pay for emoluments of the
five key staff of island councils on each island.
A further national government grant to local
government is the pre-school support grant from
the Ministry of Education, Youth and Sports, which
currently amounts to AUD26,000 and assists with
pre-school teachers’ salaries.
9.3 Local authority staff
Each local government pays a meeting allowance
for councillors and, in principle, the salaries
of the local government staff. However, under
the Falekaupule Act 1997, five of each island
council’s key staff members’ salaries are paid
by national government through the annual
Falekaupule Act grant.
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country profile
10. DISTRIBUTION OF SERVICE
DELIVERY RESPONSIBILITY
The Falekaupule Act mandates a wide range
of functions to the island councils. The island
councils at present, however, are only providing
those services that their resources allow, while
other services are provided and funded by
central government. The services provided by
island councils vary depending on the needs of
their communities. The common services that
all island councils offer include land transport,
lagoon travelling services, mechanical and
joinery maintenance services, provision and
maintenance of roads and public facilities such
as halls (meeting halls), recreation facilities
(playing fields, multi-purpose courts), transport
facilities, beach ramps and land title records.
Services provided by national government in
partnership with the island councils include
health, education, agriculture and fisheries.
The services provided by island councils
are charged at a minimum rate agreed by the
community and the island council during the
March falekaupule assembly every year. Rates
and user fees are applied to all users, although
certain individuals are exempted from paying
head tax, as decided by the island council.
References and useful websites
1. 2012 Population Census, preliminary results
http://prdrse4all.spc.int/production/
node/4/content/tuvalu-2012-populationhousing-census-preliminary-analytical-report
2. UN statistics surface area
http://unstats.un.org/unsd/demographic/
products/dyb/dyb2006/Table03.pdf
3. Women’s participation and leadership in
governments at the local level –
Asia and the Pacific 2013
www.asia-pacific.undp.org/content/dam/
rbap/docs/Research%20&%20Publications/
democratic_governance/RBAP-DG-2014Gender-Equality.pdf
4a. Constitution of Tuvalu
www.tuvaluislands.com/const_tuvalu.htm
b. Tuvalu Falekaupule Act 1997
http://aceproject.org/ero-en/regions/pacific/
TV/tuvalu-falekaupule-act-2008
5. Tuvalu national government portal
www.tuvalu.tv
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country profile
Annex A. Summary of service provision by different spheres of government in Tuvalu
Services
Delivering authority
Central
Remarks
Kaupule
GENERAL ADMINISTRATION Police
■
Fire protection
■
Civil protection
■
Criminal justice
■
Civil status register
■
■
Statistical office
■
Electoral register
■
EDUCATION
Pre-school (kindergarten & nursery)
■
Primary
■
■
Secondary
■
■
Vocational & technical
■
Higher education
■
Adult education
■
■
SOCIAL WELFARE
Family welfare services
Welfare homes
Social security
PUBLIC HEALTH
Primary care
■
■
Hospitals
Health protection
■
■
HOUSING & TOWN PLANNING Housing
■
Town planning
■
Regional planning
■
TRANSPORT
Roads
■
Transport
■
Urban roads
na
Urban rail
na
Ports
■
Airports
■
■ ENVIRONMENT & PUBLIC SANITATION
Water & sanitation
■
■
Refuse collection & disposal
■
■
Cemeteries & crematoria
■
■
Slaughterhouses
■
Environmental protection
■
Consumer protection
■
CULTURE, LEISURE & SPORTS
Theatre & concerts
■
Museums & libraries
■
Parks & open spaces
■
Sports & leisure
■
Religious facilities
UTILITIES
Gas services
■
District heating
Water supply
■
■
Electricity
■
ECONOMIC
Agriculture, forests & fisheries
■
■
Local economic development/promotion
■
■
Trade & industry
■
Tourism
■
■
KEY
■ Sole responsibility service
■ Joint responsibility service
■ Discretionary service
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